What is a K1 visa?

What is a K1 visa and will it allow your fiance to live in the U.S. indefinitely? 

 

A K1 visa is a fiance visa. It is the proper way to bring your foreign fiance into the United States if you would like to marry him or her.

The Fiance Visa Process.

Fiance visas are a 3 step process. The first step is at the USCIS. If the case is approved by USCIS it will be sent to the National Visa Center. If all goes well at the NVC the case will be sent to the appropriate embassy or consulate near where your fiance lives. It is here where the interview will take place. If all goes well with all 3 steps the fiance visa will be granted.

How long is the wait?

In 2019 fiance visas are taking about 10 months to obtain.  Fiance visas used to take between 5-9 months total to complete. The 10 months is from case filing to the time when the fiance visa is issued and your loved one is able to enter the United States with the K1 visa. USCIS approval will happen much sooner but your fiance will not be able to enter the United States until all 3 steps are completed.

The fiance visa is a one time entry visa into the United States for your foreign fiance. Again, it is the way for your fiance to legally enter the United States. Contrary to popular thought it does not give your fiance a U.S green card or U.S. Citizenship. It simply allows for legal entry into the United States.

 You will have 90 days to marry your fiance after he or she arrives in the United States.  For more detailed information on the fiance visa process you may wish to read: “Top 10 Things You Should Know About Fiance Visas” or Fiance Visa Processing Time or Fiance Visa Denial Rates.

Adjustment of Status to Green Card.

Once you marry your fiance you may apply, in the United States,to obtain a green card for your fiance via the adjustment of status process.  This process generally is taking between 8 and 14 months and depends on where you are located in the United States. 

During the 8 to 14 month waiting period your fiance should receive a combination advance parole and work card.  This card will allow your fiance to work and also to travel internationally.  Your fiance should not work or travel internationally without this card.

If all goes well at the adjustment of status interview in the United States your fiance should obtain a U.S. green card.  This card will be valid for 2 years and you must take steps to take the conditions off of the green card within 90 days of the green card expiring.  Your fiance may be eligible to apply for U.S.Citizenship 3 years after he or she receives her U.S. green card.

If you have any questions about the fiance visa process or would like to set up a free phone analysis of your case please contact the Law Offices of Lawrence Gruner Inc. at 888-801-6558 or at attorneygruner@gmail.com

 

Attorney Gruner has over 20 years experience handling fiance visa cases. His downtown Sacramento office handles cases throughout California, the United States and the World.